Business Services

Real Estate

Our team of Real Estate, Land Use and Construction attorneys offers comprehensive representation to real estate developers, commercial and institutional owners, and a myriad of established and growing businesses to provide solutions for property investment, development and management, as well as finance.

Through the use of an integrated approach, we offer our clients the in-depth understanding and insight into peripheral matters that may affect their real estate transactions.

We provide the type of in-depth skills required by developers working on sophisticated retail or commercial projects, as well as guide companies through real estate development, asset management and general real estate transactions. Our attorneys act as advocates for clients before state and federal courts and represent their interests before administrative agencies and city governments. In addition, we advise clients of alternative strategies for expanding, renovating or disposing of existing real estate holdings. Regardless of the matter, we strive to contribute value in connection with our clients' real estate assets.                                                 

Our local, regional and national clients include public and private companies; REITs; financial institutions; investment funds; architects, engineers and contractors; homebuilders; landlords and tenants; developers (shopping center, mixed use, housing, office, industrial, residential, community, and multi-family); hospitals; airports; marinas; retailers; universities; homeowner cooperative and condominium associations; buyers and sellers; brokers; public sector and governmental entities; and utility companies. 

For the fifteenth consecutive year, Roetzel's Real Estate Group was recognized by Midwest Real Estate News as one of the "2018 Best of the Best" law firms in the Midwest. Many of our attorneys are nationally recognized as "Best Lawyers in America" in Real Estate Law, are board certified in Real Estate Law by the Florida Bar and are active leaders in local industry and related civic associations. Our attorneys offer additional insight with experience as law directors, city attorneys and assistant county attorneys representing developers and local governments on growth management issues, regulatory issues and property valuation challenges. We have served as general counsel to a large building industry association and as national real estate counsel for national retailers. In addition, a number of our attorneys are agents for several title insurance companies, and the firm has been consistently recognized as one of the "Top 25" agents for one of the largest title underwriters in the State of Florida.

Many of our attorneys have legal experience in the area of sustainable development and green construction and development.

Because real estate is often an integral component of other commercial and financial transactions, we regularly draw upon the capabilities of our Environmental, Oil & Gas, Public Law and Finance, Business Services, Tax, and Intellectual Property practice groups. Through this integrated approach, we offer our clients the in-depth understanding and insight into peripheral matters that may affect their real estate transactions.

Our Experience

  • Performed the syndication, acquisition, financing, and construction of a $40 million, 482-unit garden and townhouse apartment development
  • National Real Estate Counsel to a Fortune 500 company in the leasing, acquisition and disposition of various real estate assets
  • Acted as counsel for a national automobile manufacturer for subdivision and zoning issues on an approximately 22-acre parcel for the development of multiple dealerships
  • Represented an owner/end-user in the development of a 140,000-square foot distribution facility, including acquisition process and design/build agreement
  • Served as lead counsel for a commercial office development that is the first project to achieve LEED Platinum pre-certification in Florida
  • Counseled a major hospital in the joint venture and self-development of a health and wellness center
  • Acted as counsel for the purchaser in the acquisition of a railroad line with major environmental issues and negotiated property and joint facility operation agreements
  • Represented a developer in connection with lifestyle shopping centers in Pennsylvania, New Jersey and New York including purchase and/or land lease, construction contracts, financing (construction and permanent) and leasing
  • Represented a developer with issues unique to green and sustainable development that arose during site location and acquisition, construction, financing and leasing
  • Represented developer in 1031 reverse build-to-suit exchange; representation included sale of relinquished property, identification and purchase of replacement property and negotiating construction loan. Successfully represented developer in completing build-to-suit replacement property within statutory mandated time frame and maximized benefits of 1031 exchange
  • Counseled major hospitals in multiple medical office building developments and/or dispositions
  • Represented an institution of higher education in connection with its $40 million building expansion project, including preparing and negotiating the development agreement, documenting a land-swap transaction and obtaining and granting Federal Historic Tax Credits, Facade Easements and Lost Development Rights Deductions/Conservation Easements
  • Acted as the zoning and land use counsel for a developer of a multi-million dollar Planned Unit Development
  • Acted as counsel for a developer in obtaining approvals for the largest new development in the Naples, Florida area - a 2,500+ acre mixed use Development of Regional Impact with 3,450 homes, golf courses, and 200,000 - square feet of commercial uses
  • Acted as purchaser's counsel in the syndication, acquisition, and financing of a $65 million, 485,000 - square foot, 27 - story office building
  • Acted as counsel in the acquisition, development, leasing, construction, zoning, and permanent loan work of several grocery-anchored retailer shopping centers, each ranging from $5 million to $10 million
  • Represented a national auto parts store in the expansion of the entity from 70 to 260 stores across the country
  • Acted as counsel to a developer in the acquisition and creation of condominiums and marina slip documents, submerged land lease, and related development work for a 60-unit waterfront condominium
  • Obtained approval from the Division of Florida Land Sales for numerous hotel condominium and multi-family projects throughout the state
  • Represented numerous country clubs in all facets of the turnover from developer to member control
  • Represented a developer in the development and lease of a national retail bookstore
  • Acted as purchaser's counsel in the acquisition of a $55 million mixed use development and the simultaneous sales of building sites for 1,000 apartments, 770,000 square feet of industrial space and 30,000 square feet of office and 125,000 square feet of retail
  • Acted as developer's counsel in closings of Community Development District bond financings and acquisition of conservation areas and storm water facilities
  • Acted as counsel for formation of joint ventures between national builders
  • Represented a national banking association in the multi-state acquisition and leasing of bank branch offices
  • Represented investors for the sales and purchases, financing and leasing of office buildings in Ohio
  • Represented sellers and purchasers with respect to tax free (Section 1031) exchanges
  • Represented a developer for a land lease and a development agreement for the construction and financing of a medical office building in Ohio
  • Represented a developer for the purchase, development and financing for apartment rental and condominium projects in Central Ohio
  • Reduced property valuation for tax purposes on a marina from $26 million to $13 million
  • Represented a developer in the complete redevelopment of a marina including landslide facilities and permitting for redesign of wet slips to include financing, permitting and construction
  • Represented a major resort in the redevelopment of 134 units and related resort amenities
  • Represented a fixed-based operator (FBO) at one of the busiest executive airports in South Florida in the sale of its operations to one of the largest operators of FBO facilities worldwide, with signification tax and government law issues involved; transaction was a hybrid real estate/corporate transaction combining the sale of operating assets with a sublease of the operating facilities from the seller to the buyer, while retaining the rights to develop two commercial outparcels pursuant to the original lease held from the airport authority
  • Represented the largest owner of telecommunications towers in the U.S. in leasing, subleasing, acquisition and disposition of cell tower sites
  • Represented residential property owners in leasing residential property sites for telecommunications towers
  • Represented office property owners in leasing roof and building space for telecommunications antennas
  • Acted as the buyer's counsel for the purchase of a manufacturing facility, which involved coordinating and interpreting an assessment for numerous environmental issues at the site

What We Do

Entity Formation

  • Condominium and homeowners' associations
  • Entity selection - LLCs, limited partnerships, real estate trusts
  • Joint venture relationships and equity investments
  • REITs

Acquisition and Disposition

  • Brokerage agreements
  • Easements and rights of way
  • Environmental due diligence and wetland permitting
  • Like-kind exchanges
  • Oil and gas leasing
  • Pre-acquisition due diligence and pre-disposition preparation
  • Purchase agreements and options
  • Tax structuring
  • Title insurance and closing services
  • Sale - leasebacks
  • Ground leasing

Financing and Capital Formation

  • Commercial mortgage lending
  • HUD
  • Loan documentation and closing
  • Seller finance
  • Syndications
  • Other structured financings
  • Mezzanine lending
  • Participations
  • CMBS

Development and Construction

  • Comprehensive plan amendments
  • Construction contracting
  • Developments of regional impact
  • Development agreements and public/private partnerships
  • Land use and zoning
  • Subdivisions and platting
  • Filings with the Division of Florida Land Sales
  • Restrictive covenants

Management

  • Brokerage agreements
  • Commercial leasing
  • Management agreements
  • Real estate tax and assessment matters
  • Transitions from developer to owner association control

Litigation

  • General real estate litigation
  • Construction claim arbitration, mediation, and litigation
  • Covenant enforcement for condominium, cooperative, and homeowners' associations
  • Eminent domain and condemnation proceedings
  • Evictions and landlord-tenant disputes
  • Foreclosures
  • Construction lien matters
  • Mold and environmental-related matters
  • Zoning and growth management

Related Media & Events

  1. Alerts
    Ohio Property Owners: Deadline for Appeal of Property Taxes is Fast Approaching - Mar 8, 2019
    Federal Government to Crack Down on States' Legal Marijuana Businesses - Jan 5, 2018
    Can Your Business Fly Under the Radar? - Oct 16, 2017
    Hurricane Irma - Sep 27, 2017
    House Passes Small Business Healthcare Relief Act (HR 5447) - Jun 24, 2016
    FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process - Jun 22, 2016
    Ohio Legislature Passes Over 30 Bills in 48 Hours - Jun 9, 2016
    Ohio Supreme Court Rules on Beck Energy Lease Validity Cases - Jan 22, 2016
    2015 Community Association Legislation - Jun 24, 2015
    Important Information Regarding Depositing Checks - Aug 18, 2014
    Summary of 2014 Legislative Action Affecting Community Associations Practitioners - Jul 17, 2014
    2013 Statutory Revisions to Condominium, Homeowners' Association and Cooperative Acts - Jul 1, 2013
    Florida Legislature Moves to Expedite Foreclosure Process in HB 87 - Jun 20, 2013
  2. Articles
    Supreme Court of Ohio Takes Up Oil and Gas Statute of Limitations Question - April 2019 - Ohio Gas & Oil
    Ohio Appellate Court Limits the MTA and the DMA in Mineral Rights Dispute - March 2019 - Ohio Gas & Oil
    Ohio Supreme Court Interprets the MTA to Preserve a Severed Mineral Interest - February 2019 - Ohio Gas & Oil
    Ohio Court Refuses to Apply Statute of Limitations in Lease Validity Dispute - November 2018 - Ohio Gas & Oil
    "Reasonable Expectations: What can your city attorney do for you?" - Nov/Dec 2018 - Quality Cities
    Ohio Court Issues Favorable Landowner Ruling in Important Unitization Case - October 2018 - Ohio Gas & Oil
    Statute of Limitations in Lack of Production - Mar 1, 2018
    Stream & Wetland Permitting - A Moving Target - Feb 1, 2017
    Commercial Real Estate Transactions - The Mortgage Lender's Perspective - 2017 - Illinois Institute for Continuing Legal Education
    School district's eminent domain plan may hinge on "necessity" definition - Aug 5, 2016 - CBA Today
    Creating the Fee Simple Condominium - 2016 - Florida Condominium and Community Association Law, 3rd Edition
    The Condominium Construction Finance - 2016 - Illinois Institute for Continuing Legal Education
    Avoiding Common Property Ownership Issues - 2016 - Properties Magazine
    Top 12 Legal Tips - 2015 - LinkedIn Pulse
    Do Your Due Diligence - 2014 - Properties Magazine
    Asset Protection Opportunity for Physicians - September/October 2013 - MD News Magazine
    Asset Protection for Developers/Builders - July 2013 - Properties Magazine
    Outpatient Care Invades Our Neighborhoods - Jun 1, 2013 - Midwest Real Estate News
    Managing Commercial Real Estate Leases - May 2013 - Practical Law
    Eight Years and Acres Later: Single Asset Real Estate Cases After BAPCPA - 2013 - 39th Annual SBLI Seminar, Southeastern Bankruptcy Law Institute
    Attorney's Fees - A Warning to Landlords - NULL - Properties Magazine
    Creating the Fee Simple Condominium - 2011 - Florida Condominium and Community Association Law, 2nd Edition
    Subleasing 101 - NULL - Properties Magazine
    Get It In Writing - A Primer on Real Estate Contracts - NULL - Properties Magazine
    Tenants in Common Agreements - The Pros & Cons - NULL - Properties Magazine
    Buyer Beware - Justifiable Reliance in Commercial Contracts - NULL - Properties Magazine
    Buyer Beware - Changes in Ohio's Foreclosure Law - NULL - Properties Magazine
    Working With Your Lawyer - NULL - Properties Magazine
    Representations & Warranties: Be Careful What You Say - NULL - Properties Magazine
    Transfer on Death Deeds - Preparers Beware - NULL - Properties Magazine
    The Mortgage Forgiveness Debt Relief Act of 2007 - Boom or Bust - NULL - Properties Magazine
    Death of Toxic Mold Cases? An Overview of Recent Developments in Toxic Mold Real Estate Litigation - NULL - Properties Magazine
    A Tax Break for Seniors - Changes to Ohio's Homestead Exemption - NULL - Properties Magazine
    Contractors Beware - Clarification on Enforcement of "No Damage for Delay" Clauses - NULL - Properties Magazine
    To Arbitrate or Not to Arbitrate? - That is the Question - NULL - Properties Magazine
    Putting the Red Light on Red Light District Businesses? - NULL - Properties Magazine
    The ABCs of Seller Financing - Aug 1, 2006
    Neighbor Beware - A Primer on Adverse Possession - NULL - Properties Magazine
    Obtaining Permission - March/April 2005
    What the Government Taketh…and Giveth - Jan 1, 1998 - Home and Condo
    New Escrow Rules for Builders and Developers - 1996 - Journal of Florida Bar Real Property Section
  3. Firm News
    Roetzel Adds Seven Attorneys in Ohio and Florida - Apr 11, 2019
    Roetzel & Andress Named 2018 Top Contributor Firm by The Fund - Mar 18, 2019
    Roetzel Attorneys Honored by Illinois Super Lawyers Magazine - Jan 24, 2019
    Roetzel Promotes Three Associates to Shareholder - Dec 10, 2018
    Giordano and Lupo Join Roetzel & Andress Board of Directors - Dec 7, 2018
    Roetzel Attorney Lori Moore Recertified in Real Estate Law by Florida Bar - Dec 3, 2018
    Roetzel's Chicago Office Welcomes Two Attorneys - Oct 31, 2018
    Ken Jones to Serve another Term on Bar Committee on Eminent Domain - Sep 10, 2018
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® - Aug 20, 2018
    Roetzel Attorney Sean M. Ellis Assumes Role as President of the Southwest Florida Real Estate Council - Aug 16, 2018
    Sarah Spector to Co-Chair Lee County Bar Association's Land Use and Governmental Law Section - Aug 9, 2018
    Roetzel Attorneys Spector and Lupo Earn Florida Bar Board Certifications - Jun 11, 2018
    Sarah Spector Assumes Role as President of the South Gulf Coast Chapter of CAI - Dec 20, 2017
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel Partner Beverly Grady Gives Ethics Presentation at Florida Planning and Zoning Association's 2017 Annual State Conference - Jun 19, 2017
    Roetzel Opens New Columbus Office Custom-Built for Next Generation - Jun 19, 2017
    Daniel G. Rohletter Joins Roetzel's Real Estate Practice Group - Oct 19, 2016
    John Joyce Joins Roetzel's Real Estate Law Practice - Sep 15, 2016
    Bret McNab Joins Roetzel's Energy, Utilities, Oil & Gas Law Practice - Sep 8, 2016
    Roetzel's Akron Office Adds 11 Attorneys - Jan 13, 2016
    Lori L. Moore Assumes Role as President of CREW Naples / Fort Myers - Dec 11, 2015
    Affordable Housing in Cleveland Stays Affordable - and Roetzel Attorneys Assisted in the Transaction - Dec 3, 2015
    Roetzel Attorneys Help Bring New Life to Akron Building - Dec 3, 2015
    Akron Attorney Laura Wallerstein Receives Torchbearers SPARC Grant - Sep 28, 2015
    Roetzel Partner Robert D. Pritt Certified as a Circuit Court and Appellate Court Mediator - Sep 8, 2015
    Roetzel & Andress Marks Eleventh Consecutive Appearance on List of Midwest's Top Real Estate Law Firms - Aug 4, 2015
    Reuscher and Moore Named as New Leaders of Firm's Associate Program - Jul 31, 2015
    Roetzel & Andress Named Top Contributor in Southwest Florida by Attorneys' Title Fund Services LLC - Jul 6, 2015
    Roetzel's Orlando Office Adds Two Additional Attorneys - Jan 27, 2015
    Roetzel & Andress Ranked in 2015 "Best Law Firms" - Nov 3, 2014
    Roetzel & Andress LPA Welcomes Laura L. Wallerstein to Akron Office - Sep 25, 2014
    Beverly Grady Speaks at the APA Florida 2014 Annual Conference - Aug 28, 2014
    Roetzel Partner Sean M. Ellis Set to Speak at United Community Association Networking Event - Aug 25, 2014
    Roetzel Named Among Top Law Firms in Real Estate - Jul 14, 2014
    Beverly Grady Speaks at American Planning Association - Florida Seminar on Ethics - Mar 13, 2014
    Roetzel Partner Sean M. Ellis Elected President of the Real Estate Investment Society - Feb 7, 2014
    Roetzel Attorney Lori L. Moore Earns Bar Certification in Real Estate Law - Aug 1, 2013
    Roetzel Named Among Top Law Firms in Real Estate - Jul 12, 2013
    Sarah Hilbert Joins Roetzel's Real Estate Group in Naples - May 23, 2013
    David Woodburn Quoted on Cleveland.com - NULL
  4. Event
    Bagel Briefs - February - April 2019